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Author: Beth Van Schaack
Publisher:
ISBN: 9781609304621
Category : Crimes against humanity
Languages : en
Pages : 0
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Book Description
This casebook provides comprehensive treatment of international criminal law in a problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals, United Nations bodies, regional human rights institutions, domestic courts, alternative or traditional courts, and transitional justice institutions. Its focus is on the core international crimes within the jurisdiction of the ICC, supplemented by chapters on the standalone crimes of torture and terrorism. This edition includes substantially more material from the International Criminal Court, including revised materials on the crime of aggression, and an entire chapter devoted to the creation and structure of the ICC.
Author: Beth Van Schaack
Publisher:
ISBN: 9781609304621
Category : Crimes against humanity
Languages : en
Pages : 0
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Book Description
This casebook provides comprehensive treatment of international criminal law in a problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals, United Nations bodies, regional human rights institutions, domestic courts, alternative or traditional courts, and transitional justice institutions. Its focus is on the core international crimes within the jurisdiction of the ICC, supplemented by chapters on the standalone crimes of torture and terrorism. This edition includes substantially more material from the International Criminal Court, including revised materials on the crime of aggression, and an entire chapter devoted to the creation and structure of the ICC.
Author: Beth Van Schaack
Publisher:
ISBN: 9781599411613
Category : Crimes against humanity
Languages : en
Pages : 0
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Book Description
This casebook provides comprehensive treatment of International Criminal Law in an engaging, challenging, and problem-oriented way.
Author: Beth Van Schaack
Publisher: Foundation Press
ISBN: 9781609304638
Category : Crimes against humanity
Languages : en
Pages : 1050
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Book Description
Author: James Nyawo
Publisher:
ISBN: 9781780683874
Category : Criminal Law
Languages : en
Pages : 0
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Book Description
The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union, and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the ICC's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that the ICC has morphed and ceased to be an independent legal institution, instead becoming a political tool utilized by politically powerful states in the West against their political opponents in Africa. More specifically, the Court is alleged to be selectively enforcing international criminal law by only officially opening investigations and prosecutions in Africa. Although this book recognizes that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyzes the legal and political factors behind the Court's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East? In addition the book attempts to uncover the basis and the validity of the African Union and some African states' criticisms of the ICC. (Series: Supranational Criminal Law: Capita Selecta, Vol. 20) Subject: International Criminal Law, African Law]
Author: Beth Van Schaack
Publisher: Foundation Press
ISBN: 9781599417530
Category : Crimes against humanity
Languages : en
Pages : 0
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Book Description
This casebook provides comprehensive treatment of International Criminal Law in an engaging, challenging, and problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals (in The Hague, Tanzania, Sierra Leone, East Timor, Bosnia-Herzegovina, Baghdad, and Cambodia), United Nations bodies (such as the Human Rights Committee), regional human rights institutions, domestic courts, alternative or traditional courts (such as the gacaca proceedings in Rwanda), and transitional justice institutions (such as truth commissions or lustration panels). The book emphasizes, and tracks, the vertical and horizontal cross-fertilization of concepts and precedents between these various institutions. The second edition includes substantially more material from the International Criminal Court (ICC)--including revised materials on the crime of aggression--and thus marks the start of a institutional shift in international criminal law from the ad hoc tribunals to the permanent ICC. The text retains much of the material from the ad hoc tribunals and post-World War II tribunals, both to provide historical context and in recognition of the strong influence such tribunals continue to exert on contemporary jurisprudence. The chapters on war crimes and torture have also been revised to reflect legal developments in the so-called Global War on Terror. The updated Teachers' Manual provides a number of exercises and background and contextual materials to supplement the text.
Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9047431448
Category : Law
Languages : en
Pages : 642
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Book Description
Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 535
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Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186441
Category : Law
Languages : en
Pages : 1259
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Book Description
This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
Author: Carsten Stahn
Publisher:
ISBN: 0198864183
Category : Law
Languages : en
Pages : 481
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Book Description
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
Author: Hiromi Sato
Publisher: Springer Nature
ISBN: 3030838455
Category : Law
Languages : en
Pages : 223
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Book Description
This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.
